Linden Lab: images, logos and IP

Image via lawdonut.co.uk

Update, December 14th, 10:07 UT: Linden Lab has issued an apology on the specific situation involving Strawberry. Included in the blog post is a broader statement concerning the use of their trademarks and the guidelines thereto, and how the Lab will be revising things somewhat for the future. 

The apology and statement are both welcome (not the least by Berry herself!), and kudos is offered to the Lab for openly admitting the error both reasonably quickly and positively.

 

As I was heading for bed last night, I caught a blog post by Strawberry Singh concerning  a trademark complaint she has received from Linden Lab.

Specifically, Berry was informed that a video tutorial she had produced a year ago had been found to be in violation of the Lab’s Trademark Guidelines. These guideline specify how terms like Second Life®, Blocksworld®, SL™ , InSL™, and the eye-in-hand logo might be used.

The guidelines are reasonably clear, and even include a point that journalists and media outlets have special permission to use these marks in articles, vis:

License for Press Use of the Second Life Eye-in-Hand Logo. We’ve given journalists and media outlets special permission to use the Second Life Eye-in-Hand Logo in published articles, blog entries, and news programs specifically about the Second Life virtual world, subject to our Guidelines and Terms and Conditions

Berry, as a blogger / vlogger, thought she was in compliance with the above requirement. The replies she’s had from the Lab – both through Tia Linden, the Lab’s IP Specialist, and other Lab personnel indicate this is not the case.

One possible way of looking at this issue – and according Linden Lab due fairness in their possible concerns – is that YouTube is a platform with a reach that goes well beyond that of a Second Life audience. As such there could be concerns about the use of the various logos and trademarks, etc., being seen as some form of “official” production  – or, were they to be used with other content related to Second Life – as an implied “endorsement” of products, activities, etc. However, were this the case, the matter could perhaps have been dealt with through a request for a suitable disclaimer to the start / end of the video and to its YouTube description.

Admittedly, this doesn’t cover concerns around licensing / monetisation which some might see as being a possible cause behind the notice being issued. But then, this doesn’t appear to be the Lab’s primary concern. Rather, as indicated in Tia’s e-mail – and underscored by the updates Berry has provided since I first read and responded to her post – is over the use of images from specific Second Life web properties and the use of a logo which had – according to the trademark guideline quoted above – previously been allowed. To quote from Tia’s e-mail response to Berry:

More specifically, we do not allow images of our avatar building page, home pages or Second Life Eye In Hand Logo to be used in any capacity. Please do not use images of any Second Life web pages or logos ( with the exception of our inSL logo noted at http://secondlife.com/corporate/brand/insl/#) in your video or any other work. You may provide a link to our website or registration page in your video if you wish.

Note the bold emphasis is mine, to underscore the specific issue: the statement that certain images and logos now cannot be use in any capacity.

If this is now the case, it is worrying for many of us who routinely blog about Second Life and have used such images and logos. I  have, for example, used the eye-in-hand logo in what I have believed to be in accordance with the trademark and branding requirements. Where do we now stand if we are now seeing a shift in position from Linden Lab? Are we now in violation of a new prohibition on image use? Are the various guidelines on trademark and brand use about to be revised? If so, how do such chances sit with conception such as Fair Use?

Of course it could come down to poor wording within an e-mail, and the underpinning reasons for the notice don’t extend beyond the one specific video. But if this is the case, then we should still be given further clarification on the use of images and logos.

I’ve written to Linden Lab raising these broader questions on the use of logos and images. Hopefully, I’ll receive a reply and will follow-up with a post should this be the case.

A poignant Second Life machinima for Christmas

Jenny’s Holy Night

Nikira Naimarc is a budding machinima maker who contacted me about her first film, Jenny’s Holy Night, asking me if I’d like to watch it.

When most of us would consider entering machinima cautiously, perhaps with a piece of a few minutes duration to test the waters publicly, Nikira went for something far more ambitious. At little under 20 minutes in length, Jenny’s Holy Night easily qualifies as a mini movie.  And it is a moving piece.

“It is a Christmas video, Nikira told me, when she contacted me. “It’s based on Hans Christian Andersen’s story, The Little Match Girl. We premièred in November, and I’ve had very positive feedback.”

First published in 1845, The Little Match Girl is the sad tale of a poor little girl attempting to sell matches on New Year’s Eve. Ignored by the passing people, she is too afraid to go home lest her father beats her. Instead, she sleeps in the cold, dreaming of better times – times she may never see.

For Jenny’s Holy Night, Nikira has updated the story to a modern setting and has moved it to the days leading up to Christmas, with the little girl now an orphan trying to sell little Christmas wreaths she has made to unsympathetic shoppers, concerned only with their own needs.

Made with the support of Die Villa video, who have also made available on YouTube through their channel, Jenny’s Holy Night is a poignant tale. It is a reminder that “the season of giving” can be especially hard for those who don’t have the luxury of having the money to give in order to receive what they need; that that all too easily exist unseen and outside of the excitement of the holiday season – until it is too late.

Please take the time to watch the film below, and if you appreciate it, do consider leaving a comment for Nikira here or on the film’s YouTube page.

millay Freschi: studying our relationship with our digital selves

millay Freschi – studying the relationship between our physical and avatar selves

At the end of September, Gentle Heron sent me a note card concerning a study being carried out by millay Freschi focused on our relationships with our avatar, other SL users, the group we belong to, and so on. The survey is still open, and millay is still seeking people willing to participate (a link to the survey is at the end of this article). Also included in the note card was feedback from millay on her initial findings from the survey, which also offered me the chance to chat in more detail with millay about her work and plans for the study.

In the physical world, millay is Amy E. Cross, a PhD candidate in an Interdisciplinary Programme at the University of Maine, and the study forms a core part of her dissertation. “I’m compiling information and research on the components of the avatar and how they affect our lives,” she told me earlier in November. “Specifically, I’m looking at social movements as that’s been my experience in SL; but the avatar components are the brunt of the research.

“I believe that I had 500 or so respondents when I talked about my initial findings in September. That number has now risen to over 900, and my dream is to have 3,000 respondents by the time I close the survey. I would like to get an honest look at how we view ourselves, our interactions and the place itself. As a part of this, I’m also conducting interviews with people willing to talk about themselves.”

Amy E. Cross, millay’s alter ego

millay’s research is being overseen by Dr. Kristina Nielson of the University of Maine, and those participating in the study must be at least 18 years of age, and able to answer 47 questions on a range of subjects relation to their physical and digital selves. It should take around 30 minutes to complete.

“It really is an exploratory study,” millay says of it. “I want to use the information to provide a solid foundation – a baseline of experiences and responses – for researchers Second Life, so I tried to  create a survey that would convey a lot of information without overwhelming the respondents. I’ll be expanding on it through the interviews I mentioned, together with observations and my own experience within SL.”

And millay does have considerable Second Life experience herself. “I didn’t actually just come here as a researcher,” she says. “I first arrived in 2007 as a physics major with an eye on maybe becoming an astronaut, drawn to Second Life simply out of curiosity, but once in-world, I was hooked!

“In 2008, I started the Four Bridges Project after working with Amnesty USA, which convinced me that peace and reconciliation studies were more in line with what I want to do.” She chuckles and adds, “I realised as well that my chances of becoming an astronaut were pretty slim!”

She continues, “As I was deciding on my graduate studies focus, I thought about who we are in this community and how what we do here, in Second Life, matter out there. So my Masters focused on virtual technology in education with a slant towards civic engagement and peace studies. My dissertation focuses on how our avatar components might play a role in virtual social activism.”

Turning to her preliminary findings, millay said, “Even in September the results were interesting, and educational for me! For example, most of the respondents at that time said they came to Second Life out of curiosity; I actually wish I had worded that response differently, as I’d like to know what gave rise to that curiosity. I’ll be so much better at the next survey! Of the 500+ responses I’d had at that time, 25% said that they came in to meet people, and 70% said they had met an SL contact in the physical world.”

Given the number of avatar profiles which carry statements like “SL is SL and RL is RL, I don’t mix the two”, this latter statistic might seem surprising; but it also might indicate an interesting bias in the nature of those taking the survey. While entirely anonymous, the questions do delve into our physical world lives; this could make it more appealing to those willing to be more open about their off-line selves than those who see a clear demarcation between “real life” and Second Life. By extension, those completing the survey may be far more comfortable with physical world meetings than might otherwise be the case.

It is because of the risk of bias within the results that millay would like to a broader cross-section of Second Life residents participate in her research. “For example,” She says, “Around 80% of the respondents up to the end of September 2017, have been in-world for six years or longer, with 40% over 10 years. While I know this is meaningful because it gives the survey a picture of a history in a way,  I would dearly like to see more people who have been in-world for less than five years take the survey.”

She adds, “One of the more surprising results for me was on the subject of alts. I have several alts, probably seven or eight, which I use for money management, privacy, inventory management, and so on. But 44% of those responding up to the end of September say only have ONE avatar, I can’t even imagine! In fact, 88% are between 1 and 3. Of those with alts, 95% have a “main” avatar, and 55%, use their alt for privacy.

The survey is yielding a lot of information about people’s on-line and off-line selves and how they may (or may not) mutually inform one another, that it could lead to several additional investigations. “For example,” millay notes. “75% of respondents said that their avatars are helpful to others. That number went down to 60% with regard to their off-line personalities. I wonder why that is, and if this shouldn’t be examined more closely – The peaceful warrior in me says ‘yes!'”

Once she has completed her dissertation, millay plans to publicly share it and her findings. All things being equal I’ll be discussing her findings in a lot more details once she has published, and also exploring more about the Four Bridges Project in more detail.

Four Bridges Logo

“In short, Four Bridges is a virtual sustainable global community model founded on the four principles of respect for nature, universal human rights, economic and social justice, and a culture of peace,” millay told me as we briefly discussed the project. “Members, who include fifteen organisations from sectors such as education and non-profits as well as individuals, share resources: space, venues, media, technology, as well as knowledge and skills.

“We had two regions in-world, but I actually closed them so that I could focus on my dissertation,” millay notes. “But we’ll be reopening in 2018, probably February.”

millay is looking to close her survey on or around December 15th, although it will remain available through until the end of the year. So, I’d encourage anyone interested in helping millay in her research to hop over to the Four Bridges website sooner rather than later. There is a comprehensive lead-in providing additional information, together with a link to the survey itself – and remember, it is completely anonymous.

 

With thanks to millay Freschi for her time, and Gentle Heron for the heads-up, and apologies to both for the delay in getting this article to print.

In the Press: The Atlantic explores Second Life

illustration only

The Digital Ruins of a Forgotten Future might sound a dismal title for an article on the subject of Second Life. But that is precisely the title Leslie Jamison chose for her in-depth piece on the platform that appeared in The Atlantic on-line.

However, before anyone starts reaching for pitchforks and looking to ignite torches, the article’s title believes an in-depth piece studying not so much Second Life itself, but the lives of some of us who use the platform. It is, in short, a rich study of the very humanity that for so many of us, makes Second Life a rich extension of our lives, rather than the encapsulation of an escapist fantasy environment so often portrayed within the media and by those with little practical exposure to Second Life.

Of course, there is the inevitable exploration of Second Life’s history, including its startling media rise, the plateauing of active user numbers and the media’s eventual disenchantment with the platform. There’s also a look and founder Philip Rosedale’s vision and ideals, Linden Lab’s own attempts to “correctly” define Second Life and more.

But these explorations are interwoven with the stories from those individual users – such as Gidge Uriza, Gentle Heron, Jadyn Firehawk, and more – in which their physical lives and their time in world is fused into a rounded picture of each, presenting what is perhaps the clearest means of truly appreciating the nature of Second Life and those who use it.

Within all of this as well, we get to see Leslie’s own engagement with the platform, from struggling newcomer with strong antipathy towards Second Life, through to a growing understanding of what makes it appealing to so many. In this she is equally honest in her self-examination, expressing the kind of conflicted views of Second Life many of us probably dealt with at one point or another.

Taken individually, each of the stories  – I refuse to call them case studies, as they are so much more – offers considerable insight into the appeal and rewards of active involvement in Second Life. Taken together they naturally weave together into a tapestry of life and activities which those who have not engaged in second Life cannot really fail to recognise as containing themes that mark our passage through the physical world:  how do we connect to one another; what brings meaning into our lives, what agencies do we use to express ourselves and find personal satisfaction? All of which, as noted, make this one of the most complete examinations of Second Life yet put into print.

The Digital Ruins offers a huge amount to read and digest – and to listen to as well: the entire article is available via SoundCloud, and I’ve embedded it below. In this respect, analysis of the piece would at best be convoluted – and as lengthy as the piece itself. As such, I thoroughly recommend taking the time to read the piece in full, or listen to the audio version (just under 58 minutes in length).

For now, I’ll leave you with Leslie’s closing comments on her explorations, discoveries and ruminations of and about Second Life – comments which serve as an insightful encapsulation of the article as a whole:

Some people call Second Life escapist, and often its residents argue against that. But for me, the question isn’t whether or not Second Life involves escape. The more important point is that the impulse to escape our lives is universal, and hardly worth vilifying. Inhabiting any life always involves reckoning with the urge to abandon it—through daydreaming; through storytelling; through the ecstasies of art and music, or hard drugs, or adultery, or a smartphone screen. These forms of “leaving” aren’t the opposite of authentic presence. They are simply one of its symptoms—the way love contains conflict, intimacy contains distance, and faith contains doubt.

 

Reminder: SL support site upgrade

Update, Wednesday, November 8th: the planned upgrade has been further delayed, until 15:00 SLT om Monday, November 13th. See here for more.

Update, Tuesday, November 7th: the planned upgrade has been postponed until Wednesday, November 8th, starting at 15:00 SLT. See here for more.

This is a reminder that the SL support site will be undergoing an upgrade commencing at 15:00 SLT on Tuesday, November 7th, 2017, and likely extending through until Wednesday, November 8th, 2017, in which the support offering will be migrated to Freshdesk.

News of the update was first announced by the Lab on Tuesday, October 31st, and I’m blogging on it now to hopefully help keep the news fresh in people’s minds.

The overall migration will be handled in two parts, the first being a migration of all open support tickets, and all those raised since the start of 2017, as the official blog post notes:

What this means for Residents is that after 3pm (PT) on 11/07 you will be unable to submit, edit, or view your current support tickets. The downtime will be used to complete a migration of all the current support tickets to our new Customer Relationship Management tool.

We currently plan to have the support system back up and running by 9am PT on 11/08 …

The initial migration will include all open support tickets and any which have been opened since the beginning of 2017.

Once this phase of the migration is completed, the support site will be re-opened for the submission of new tickets / review of open tickets, etc., all of which will be managed using Freshdesk.

Following this, work will commence in migrating the remainder of the support site data. However, this will take time, as the Lab notes there are around 1.2 million historical support tickets to migrate, together with some 200,000 Live Chat records.

Should you have any closed ticket from 2016 or earlier which you think you may need to access, you have until 15:00 on Tuesday, November 7th to collect that information.

Further information on the migration will be posted by the Lab as the work progresses.

Second Life: fee changes and new Web User Group

On Thursday, November 2nd,  the Lab issues two blog posts which are of import to Second Life users.

The first blog post provides news and information on further updates to credit processing and LindeX fees, together with an overview of upcoming improvements and features coming to Second Life over the next several weeks / months.

Some of the improvements I’ve already blogged about – notably Animesh, which is currently in public beta testing on Aditi (the beta grid) and the upcoming Environmental Enhancement Project (EEP) – , together with a reminder about the grid-wide game, Tyrah & the Curse of the Magical Glytches. In addition, the post offers updates on some of the longer-term projects, such as the work to move Second Life services (including, eventually and if all goes according to the Lab’s plans, the grid simulators) to the cloud, which we learn is now called Project Brave New World.

However, it is the new LindeX  / credit processing fee changes which are the headline news, and are unlikely to be welcome. Each is being increased, with the new LindeX  transaction fee coming to within a hair’s breadth of US $1.00 per transaction with immediate effect.

To quote from the blog post:

Underlying SL’s user-to-user economy and the ability to buy and sell L$’s for real currency is a significant amount of ongoing work to ensure that everything remains compliant with applicable laws and regulations, while also preventing fraud and money laundering. This work comes at a cost, and we are adjusting related fees in order to help cover those costs and enable us to continue to invest in Second Life’s future. The changes are as follows:

  • Effective today, the fee for buying L$ on the LindeX will be $0.99 per transaction (previously it had been $0.60 per transaction). These changes impact only buys on the LindeX, and the fees associated with buying L$’s during SL Marketplace transactions remain unchanged.
  • On January 3, 2018, the fee for processing credit transactions (i.e. paying real money into a PayPal or Skrill account) will be 2.5% per transaction, with a $3 (USD) minimum, and no maximum. This fee is currently 1.5% per transaction, with a $3 (USD) minimum and a $25 (USD) maximum.

Also in this blog post, mention is made of an issue which has been felt by many content creators who sell No Copy items (generally via gacha machines), and which has been the subject of recent discussions at Simulator User Group meetings: fraudulent sales of such items. This is an issue to Lab has been attempting to address, and while it may not be completely eliminated (the Lab is still working on further improvements), the blog post offers a note on the work carried out thus far:

Unfortunately, it’s not uncommon for successful platforms to attract cheaters and bad actors. Some of these villains attempt to hurt Residents’ businesses by bypassing creator protections in SL, and we’re continually developing new tools and techniques to combat this. Recently, we closed an exploit that fraudulent gacha re-sellers had used. Our governance team can now catch them when they attempt the cheating method that we have already fixed. Many bad actors have already been banned from SL, and additional changes will soon make our team even more effective.

Finally, and alongside the promise of a new, shopping-oriented, perk for Premium subscribers, there is a reminder that if you wish to continue receiving IMs as e-mails while off-line, to make sure you have verified your e-mail address. This will become even more important in the future, if you wish to continue receiving communications from the Lab via e-mail.

The second blog post introduces the new Web User Group meetings, which will be launching on Friday, November 10th, 2017, and which will generally take place every two weeks, starting at 14:30 SLT.

Grumpity and Alex Linden will be holding the Web Group meetings at Alex’s barn, starting on Friday, November 10th, 2017

The aim of these meetings is to discuss issues relating to all of the Lab’s Second Life web properties, including the Marketplace, Profiles, Place Pages, and Search. The meetings will be chaired by Grumpity and Alexa Linden at Alexa’s barn.

You can find out more about the majority of the Lab’s in-world user group meetings on the User Group wiki page.